1.1 Ilcar delivers the Products all over the world, with standard or express service. Any delivery limits will be communicated on the Website any time when needed.
1.2 The delivery is free of charge unless otherwise specified on the Website. When you must pay the freight costs related to an order, the amount is expressly and separately indicated (in Euro currency and including VAT) during the purchase procedure, also indicated in the recap of the order and, in any case, before the transmission of the order. In the case of omitted indication of a specific delivery date, in any case, the delivery will be done within 30 (thirty) days starting from the date of the conclusion of the contract.
1.3 In case of partial withdrawal of multiple orders, the freight cost amount to be refunded will be quantified proportionally to the value of the withdrew Product.
1.4 The delivery obligation is accomplished when you have the material availability of the Product/s or, in any case, when you have checked the Product/s. It’s up to you to check the conditions of the Product you received/accepted and collected. Being understood that the risk of loss of damage of the Products, for reasons that cannot be attributed to Ilcar is transferred to you when you, or anyone you have designated and different by the carrier, has the material possession of the Product, you is strongly recommended to verify and to check the number of Products received, that the boxes are intact, not damaged, not wet or has beed altered, even on the closure systems; so you are kindly invited, in your proper interest, to indicate by writing any defects on the transport document of the carrier, and to accept with reserve the box/boxes. In case of loss or damage of the Product/s if you accept the delivery of the Product/s without any conditional acceptance/acceptance with reservation you cannot take any legal action against the carrier, except in the case the loss or the damage are due to willful misconduct or gross negligence of the same carrier and except for partial loss or damage not recognizable at the moment of the delivery, but, in this case, the damage must be reported immediately when discovered and not more than 8 (eight) days after the reception of the box/boxes. In case the box/boxes has/have evident signs/marks of tampering or alteration, Ilcar kindly recommends you to communicate them, as soon as you can, to the Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity is always valid. The carrier will make 2 (two) delivery attempts; after them, the carrier will send the Product/s back to Ilcar which will refund you on the same payment method used by you to purchase your order. At the moment of the delivery nothing is due to the carrier unless duties or local taxes different from VAT must be applied.
1.5 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, you can invite Ilcar to make the delivery within an additional period appropriate to the circumstances. If the additional term thus granted expires without the Product having been delivered to you, you will be entitled to terminate the contract, without prejudice to the right to compensation for damages and within the limits set out in Article 61, paragraph 4, of Italian Consumer Code.
2.1 In all cases of unavailability of the purchased Product, without prejudice of your rights, you will be immediately informed by email. You will have the right to terminate immediately the contract, without prejudice to the right of compensation for damages, according to and for the effects of what indicated by article 61, paragraphs 4 and 5, of the Italian Consumer Code. In case you would like to use the right of termination of the contract provided for article 61, paragraphs 4 and 5, of the Italian Consumer Code or in the case of a payment successfully done for the Total Due Amount, Ilcar, without any prejudice to the right to compensation for damages, will refund the amount without any delay and, in any case, within 15 (fifteen) working days from the day of the sending of the order. Ilcar will communicate via e-mail the amount to be refunded. The amount will be refunded on the same payment method used by you for your buying. Eventual delays in the refund may be due to the type of the bank, the type of the credit card or to the payment solution used by you. In any case the currency date will be the same of the one of the charge.
2.2 In case of orders composed by several Products (hereinafter, the Multiple Order), so far as the occurred unavailability concerns only some of the Products of the Multiple Order – without any prejudice to the rights attributed to you by law and without any prejudice of the application of previous article 8.1, or so far as the occurred unavailability concerns all the Products of the Multiple Order – Ilcar will advise you via e-mail. You will have the right to terminate immediately the contract, restrictly to the Product/Products become unavailable, without any prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of the article 61, paragraphs 4 and 5, of the Italian Consumer Code. In case you would like to use the right to terminate the contract as per article 61, paragraphs 4 and 5, of the Italian Consumer Code, referring to this/these Product/s become not available, or rather in any case the payment of the Total Due Amount has been already done successfully, Ilcar, without any prejudice to the right to compensation for damages, will refund the amount related to the Product/s, including freight costs, and will refund also any due additional cost specifically related to these Products (hereinafter, the Partial Due Amount) without any delay and in any case within 15 (fifteen) working days from the date of the order. Ilcar will communicate the amount to be refunded via e-mail. The amount will be refunded with the same payment method used by you for your buying. Any delays in the refund may be due to the type of the bank, the type of the credit card or to the payment method used by you. In any case the currency date will be the same of the charge. The termination of the complete Multiple Order will be possible only in case of evident and proven accessory of the unavailable Products to the other available Products in the Multiple Order.
3.1 All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided by articles 128- 135 of Italian Consumer Code.
3.2 Ilcar is liable to the end consumer for any lack of conformity existing at the time of delivery of the Product and which occurs within 2 (two) years of its delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within 2 (two) months from the date on which it was discovered. Unless proven otherwise, it is presumed that the conformity defects that occur within 6 (six) months from the delivery of the Product were already existing on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will instead be the burden of the consumer to prove that the lack of conformity was already existing at the time of the delivery of the Product. In order to take advantage of the legal guarantee, first of all you will have to provide the proof of the date of purchase and of the date of delivery of the goods. So, for the purposes of such proof, it is appropriate that you keep the purchase invoice, which Ilcar sends you, or any other document that can attest to the date of purchase and the date of delivery.
3.3 There is a lack of conformity, when the purchased Product
a) is not suitable for the use to which goods of the same type are normally used;
b) is not compliant to the description made by the seller and doesn’t have the qualities of the good the seller showed to the end consumer as sample;
c) doesn’t have the qualities and the usual performances of a good of the same type, that the end consumer can reasonably look for, also considering the declarations made in advertising or in labeling;
d) is not suitable for the particular use desired by the consumer and this last communicated this to the seller at the moment of the conclusion of the contract and that the seller accepted.
Eventual damages or malfunctions or different defects due to accidental events or to your responsibility or an use of the Product not compliant with its intended use and/or as provided in the technical documentation attached to the Product, if any, or in the instructions for use related to are excluded by the scope of the Legal Guarantee.
3.4 In case of lack of conformity duly reported in terms, you have the right
a) to choose replacement of the good, unless the remedy requested is objectively impossible or excessively expensive with respect to the other and, therefore, in the specific case, considering the type of sale, the substitution, where this is possible in relation to the number of units still available for sale;
b) secondary (in the case in which the replacement is impossible or excessively expensive or the replacement has not been carried out within reasonable terms or the replacement previously carried out have caused significant inconvenience to the consumer) to the price reduction or to the termination of the contract, always at his choice.
The required remedy is excessively burdensome if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be carried out, keeping in consideration
(i) the value that the asset would have if there were no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
3.5 In the event that a Product purchased on the Website, during the period of validity of the Legal Warranty, reveals what could be a lack of conformity, you must contact Customer Service, at the addresses and in the manner indicated in article 13 of the General Sale Conditions. Ilcar will promptly reply to the communication of the alleged lack of conformity and will indicate to you the specific procedure to follow, also to agree on the method of shipping the goods and keeping in consideration the product category to which the Product belongs to and/or the reported defect.
3.6 In case of termination of the contract, Ilcar will refund to you the total paid amount, composed by the purchase price of the product, by the freight costs and by any other additional cost paid by you. In case of price reduction, Ilcar will refund the amount of the reduction, previously agreed with you. Alternatively, you could choose to receive a purchase coupon, to be spent on the Website, for the same amount of the amount of the refund or, respectively, equal to the reduction he has the right to receive. The refund or the reduction amount will be communicated to you via e-mail and will be charged back on the same payment method used by you for the purchase.
3.7 Ilcar is not responsible in case of damages of any nature, resulting by an improper use and/or an use not in accordance with the instructions provided by the manufacturer or in case of damages deriving from unforeseeable circumstances or force majeure.
3.8 If you are a professional, as defined in article 2, paragraph 2, of the General Sale Conditions, the Products will be guaranteed against defects in the materials used and construction for a period of 1 (one) year from the date of purchase and the provisions of the preceding paragraphs will be not applied to you if these provisions are exclusively intended to regulate a purchase made by a end consumer as defined in article 2, paragraph 1, of the General Sale Conditions.